MATTER OF ADDULLAH RAHMAN V JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL FACILITY, CAPTAIN GEOGHEGAN, LIEUTENANT
Motion No: TP 09-02233
Slip Opinion No: 2009 NY Slip Op 90161(U)
Decided on November 30, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 30, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. TP 09-02233

MATTER OF ADDULLAH RAHMAN, PETITIONER,

V

JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL

FACILITY, CAPTAIN GEOGHEGAN, LIEUTENANT WHITMORE,

SERGEANT GOWER, CORRECTIONAL OFFICER TEMPLE

AND NURSE HOWARD, RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 30, 2009,

Now, upon reading and filing the affidavit of Addullah Rahman sworn to November 14, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before January 29, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs shall be filed and served on or before March 5, 2010, and the proceeding is hereby removed from the calendar for the term of this Court commencing February 22, 2010 and added to the calendar for the term of this Court commencing April 5, 2010.

Entered: November 30, 2009

Patricia L. Morgan, Clerk